Dosti Sarhad Par, a Registered NGO v.

Union of Chalukya

The Union of Chalukya is located in the South Asian Region of Asia. It is one of ancient
nation in the world. It is a democratic country with a written Constitution and having 28
States and 9 Union Territories. The history and legal system of Union of Chalukya is same as
History and legal system of India.

Chalukya as a nation is the best example of “Unity in Diversity” with people of different
religions and culture living together following the rule of land as per the parameters laid by
the Constitution of India. In Chalukya people of different religions, creeds, castes, languages,
cultures, lifestyle, dressing sense, faith in God, rituals of worship, etc live together with
harmony under one roof means on one land of Chalukya. The citizens mainly belong to H, M,
S, J, B, C and P religion. In Chalukya 70% of population belongs to religion ‘H’ and all other
religions are recognized as minority in the Country. Except religion ‘M’ all other
abovementioned religions are minority in neighboring countries namely Aakrastan,
Jafganistan and Mangladesh. The minority status of all religions mentioned herein differs
from country to country.

The social, political, economical and cultural conditions of states in Union of Chalukya also
differ from state to state. In Chalukya the four States namely Kasam, Shripura, Negalay and
Karunachal Pradesh were given special status under the Constitution of Chalukya due to its
geographical, cultural and historical background.

In Chalukya the Citizenship Act, 1955 regulates who may acquire citizenship of Chalukya
and on what grounds. Under the provisions of this Act illegal migrant is a foreigner who- (i)
enters the country without valid travel documents, like a passport and visa, or (ii) enters with
valid documents, but stays beyond the permitted time period.

Illegal migrants may be imprisoned or deported under the Foreigners Act, 1946 and the
Passport (Entry into Chalukya) Act, 1920. The 1946 and the 1920 Acts empower the central
government to regulate the entry, exit and residence of foreigners within Chalukya. In 2015
and 2016, the central government issued two notifications exempting certain groups of illegal
migrants from provisions of the 1946 and the 1920 Acts. These groups are H, S, B, J, P and C
from Aakrastan, Jafganistan and Mangladesh., who arrived in Chalukya on or before
December 31, 2014. This implies that these groups of illegal migrants will not be deported or
imprisoned for being in Chalukya without valid documents.
In 2016, a Bill was introduced to amend the Citizenship Act, 1955. The Bill sought to make
illegal migrants belonging to these six religions and three countries eligible for citizenship
and made some changes in the provisions on registration of Overseas Citizens of Chalukya
(OCV) cardholders. It was referred to a Joint Parliamentary Committee, which submitted its
report on January 7, 2019. The Bill was passed by Lok Sabha on January 8, 2019. However,
it lapsed with the dissolution of the 16th Lok Sabha. Subsequently, the Citizenship
(Amendment) Bill, 2019 is being introduced in Lok Sabha in December 2019. Many other
opposition parties vehemently opposed the Bill and have said it is against the
Constitution. The Bill got assent of the President of Chalukya on 13th December, 2019 and
became a law.

This Act seeks to make illegal migrants who are H, S, B, J, P and C from Aakrastan,
Jafganistan and Mangladesh eligible for citizenship.

The amended section 2 of the Citizen Amendment Act, 2019 says (i) such persons shall be
deemed to be citizens of Chalukya from the date of their entry into Chalukya, and (ii) all legal
proceedings against them in respect of their illegal migration or citizenship will be closed.

Further, the Act adds that the provisions on citizenship for illegal migrants will not apply to
the tribal areas of Kasam, Shripura, Negalay and Karunachal Pradesh, as included in the
Sixth Schedule to the Constitution. There was huge protest in all these states against the
amendments in the Act.

‘Dosti Sarhad Par’ is a registered NGO working for protection of rights of minority in Union
of Chalukya. The NGO challenged the Citizenship Amendment Act, 2019 being voilative of
Basic Structure of Constitution of Chalukya and its other provisions on the ground that the
impugned Act targeted religion ‘M’.

This petition is posted for final arguments and disposal.

Note: * The participants to the competition have to frame the issues and make submissions
by presuming that the Constitution of India and all other Laws applicable in India are
applicable in Union of Chalukya.
 YASHWANTRAO CHAVAN
NATIONAL MOOT COURT COMPETITION
Academic Year 2019 – 2020

RULES

Venue and Date:

Yashwantrao Chavan National Moot Court Competition (2019-2020) shall be held on

Friday 24th and Saturday 25th January 2020 at A.B.M.S. Parishad’s Yashwantrao Chavan
Law College, Parvati, Pune - 411 009.

1. Eligibility:
1.1. All the Colleges / Institutions / Schools in India imparting legal education are
welcomed to send only one team of three students to participate in the competition.
1.2. All regular students of three years or five years law courses during the academic year
2019-2020 are eligible for the competition.
1.3. The organising college may have a team participating in the competition.

2. Team Composition:
2.1. Each team shall comprise of three members consisting of two mooters and one
researcher.
2.2. The researcher will not be allowed to speak except under special cases and at the
discretion of the court.
2.3. A code number will be given to each participating team (such as T1, T2, T3 … etc.)
as well as to the mooters (such as P1, R1, P2, R2 … etc.) and to the researchers (such
as RS1, RS2, RS3… etc.).
2.4. The badges containing the code number of the participants will be provided to all
participants. The participants shall wear those badges during the whole competition.
2.5. The identity of the participant, participating team, or College / Institution / School
should not be disclosed to the judges or to anyone either directly or indirectly during
the conduct of the Competition.

3. Registration of Team:
3.1. There will be maximum 15 teams allowed to participate in the competition. The team
registering and paying fees earlier will be considered for the competition. The
registration for the competition shall be made by submitting the registration form
along with registration fee of Rs. 1,000/- by Demand Draft of a nationalised bank
drawn in favour of Yashwantrao Chavan Law College, Pune payable at Pune to
the following postal address by 11th January, 2020.

The Principal, Yashwantrao Chavan Law College, Parvati, Pune- 09 (M.S.)

 4. Memorials :
4.1. All teams must submit five copies of the Memorials on or before the 15th January,
2020. Memorials shall strictly contain following particulars:
 The table of contents,
 The index of authorities,
 The statement of jurisdiction,
 The statement of facts,
 The statement of issues,
 The summary of pleadings,
 The arguments advanced,
 The prayer.
4.2. All spirally bound copies of memorials of the Petitioner must be with blue colour
cover and for the Respondent must be with red colour covers.
4.3. The memorial should not be of more than 20 pages. The first page i.e. page after the
cover page should provide the information as to name of the competition, name and
address of the participating College / Institution / School and name and class of
individual member of the team. The information as to name and address of the
participating College / Institution / School and name of member of team should not be
disclosed in any manner whatsoever on any other page, including cover page, of the
Memorial. Both the mooters of each team shall prepare both the sides i.e.
petitioner and respondent.
4.4. The Memorial shall strictly be in the following prescribed form:
Principal part:
Paper size - A4,
Font type - Times New Roman,
Font size - 12,
Spacing - 1.5, and
Margin on all sides - 1 inch.
Footnotes:
Font type - Times New Roman,
Font size - 10, and
Spacing - 1.
4.5. The Memorial must not contain any Annexure, Photographs, Sketches, Exhibits or
Affidavit, etc.
4.6. The participants are advised to carry extra copies of Memorials for their own use. The
copies submitted to the organizers will be for the use of the organizers.

5. Marking Criteria for Memorials :

5.1. The memorials will be assessed by a special panel of two memorial judges. The
decision of the memorial judges as to assessment of memorials shall be final.
5.2. The memorials for both the sides will be marked on a total of 30 marks each by two
memorial judges separately. Accordingly, the Team Memorial Marks will be the
 aggregate of the marks given by both the memorial judges to the memorials of both
the sides.
5.3. The allocation of 30 marks for each memorial shall be made on the basis of the
following criterion:

Sr. No. Marking criteria Marks allocated

1. Drafting skills 10
2. Depth and quality of research 10
3. Referencing and Language 10
Total 30

6. Drawing of Lots and Orientation of Participants:

6.1. There shall be the reporting and registration on Friday 24th January 2020 at 09.00
am. It will be followed by inauguration of the competition. After inauguration,
orientation programme of the participants will be held at 10.30 am.
6.2. At the time of reporting, the participants must carry with them the photo identity card
duly signed by the Principal / Director of the College / Institution / School.
6.3. The purpose of orientation programme is to make the participants aware about the
rules of the competition and to draw the lots so as to assign courts to the participant
teams and also to decide which side (Petitioner or Respondent) a team member is
going to present for the preliminary round before the allotted court.
6.4. The competition shall consist of preliminary and final rounds.
6.5. In a preliminary round the Petitioner and the Respondent from each team shall argue
against the petitioner or the respondent of the other team as per the lots drawn.

7. Preliminary Round:
7.1. For the preliminary round, there will be three Courts established.
7.2. Participating team members must maintain the decorum of court and they shall follow
the dress code as prescribed by the Bar Council of India under the
Advocates Act, 1961.
7.3. Each mooter will have a maximum of 15 (12+3) minutes to present his/her oral
submission. A maximum of 5 minutes can be reserved for the rejoinder/ sur-rejoinder
from the allotted time of 15 minutes.
7.4. Three minutes before the completion of the allocated time for each mooter there will
be a warning bell, and at the completion of the allotted time for each mooter there will
be a final bell.
7.5. The decision of the Court officer as to the time structure and the right to rejoinder /
sur-rejoinder will be final.
7.6. All the participating teams will have to carry with themselves any case law and
authorities which they intend to refer.
7.7. The oral submissions for both sides shall be marked on a total of 100 marks each by
two judges separately. Accordingly, the oral submission marks of the team will be the
 aggregate of the marks given by both the judges to the oral submissions of both the
sides.
7.8. The allocation of 50 marks for each oral submission shall be made on the basis of the
following criteria:

Sr. No Marking Criteria Marks Allocated

1. Application of relevant Laws 10
2. Advocacy and Presentation (decorum of the 10
court)
3. Answers to Court Questions 10
4. Reference to Memorials in the course of Oral 10
Submissions
5. Interpretation and the use of facts 10
Total 50

7.9. The decision of the judges as to assessment of oral submissions shall be final.
7.10. The total marks of each individual mooter shall be computed by adding marks given
by both the judges in oral submissions at the preliminary round and the best mooter
prize shall be given to the mooter with the highest total marks.
7.11. On completion of the preliminary round the total marks of each team shall be
computed by adding the oral submissions marks of both the mooters and the memorial
marks. Top team from each court shall qualify for the final round.
7.12. On considering the total marks of each team, if there is a tie between two or more
teams within the same court, then a team having greater memorial submission marks
shall be qualified for the final round.
7.13. If the tie again persists, all those teams shall be qualified for the final round.

7.14. If there is a tie between two teams within the same court, memorial marks of those
teams would be considered for selecting a team for the final round.

8. Final Round:
8.1. In the final round there shall not be mismatch of the Petitioner and Respondent.
8.2. If a mooter at preliminary round has submitted his/her oral submissions on behalf of
one party then at the final round he/she has to submit his/her oral submissions on
behalf of the opposite party i.e. the petitioner of the preliminary round will be the
respondent in the final round and vice-versa.
8.3. The other rules applicable to the preliminary round as to allocation of 50 marks, time
schedule, general conduct, etc. shall be applicable mutatis mutandis to the final round.
8.4. On completion of the final round, the total marks of oral submissions of each team in
the final round shall be computed and the top two teams with the highest total marks
shall qualify for the prizes.
8.5. If there is a tie between two or all the three teams, memorial marks would be
considered for deciding winner of the competition.
 PRIZES:
There will be four prizes:
First prize : Rs. 10,000/-, Certificate and a trophy.
Second prize : Rs. 7,000/-, Certificate and a trophy.
Best Mooter : Rs. 3,000/-, Certificate and a trophy.
Best Memorials (Team Prize) : Rs. 2,000/- and a Certificate

The certificate of participation will be given to all other participants.

9. BEST MOOTER

For the selection of Best Mooter Prize, marks of oral submission of the preliminary
round will be counted.

10. Accommodation and food:

Accommodation will be suggested for the participants and no separate accommodation
will be provided by the College. Food for the participants, on the days of the competition,
will be arranged by the college.

11. Miscellaneous :
11.1. The scouting of any type will amount to disqualification of the team from the
competition.
11.2. Necessary books and reports for reference must be brought by the participants.
11.3. No travelling and dearness allowance will be paid to the participants.
11.4. The decision of the judges is final in regard to the result of the competition and no
complaints in this regard will be entertained.
11.5. The Organizing College reserves all the rights to change any of the above rules if so
required and as they deem appropriate.

All communications regarding the competition are to be addressed to co-ordinators at

E-mail: mootcourt.yclawpune@gmail.com

Mr. Rahul Bibave (Assistant Professor): (O) 020-24221002, (M) 9422510417.

Mr. Nitin Chalwadi (Assistant Professor): (O) 020-24221002, (M) 9404953433.
 YASHWANTRAO CHAVAN NATIONAL MOOT COURT COMPETITION
24th and 25th January 2020
REGISTRATION FORM

1. Name of Participating College/Institution :

Address for Communication :

Contact No. of Faculty In charge :

Contact No. of College/Institution :
E-mail Address of College/Institution :
2. Details of Participants :

Sr. Names of Participants Class Mobile No. & Stamp Size

No. E-mail ID Photograph

1. Mooter
No.1:
Petitioner

2. Mooter No.
2:
Respondent

3. Researcher

3. Demand Draft details (a) DD No. and Date :

(b) Bank Name :
It is certified that the mooters and researcher above named are the bonafide students of this college /
Institution / School.

Date :
Place : (Seal) Signature of Principal / Director / Head